Currently, some people in epidemic areas want to refuse to receive the Covid-19 vaccine despite being vaccinated. So are they allowed to refuse or not according to regulations of Vietnam?
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LawNet would like to answer this question as following:
According to Decision No. 447/QĐ-TTg, Covid-19 is a Group A infectious disease.
For infectious diseases, the competent authorities have the right to require compulsory vaccination of people in need of vaccination to prevent infectious diseases, especially in epidemic areas according to Article 29 of the Law on Prevention and Control of Infectious Diseases 2007 of Vietnam.
Article 29. Obligatory use of vaccines and medical bio-products
1. Persons who are at risk of contracting infectious diseases in epidemic zones and who are to enter epidemic zones are obliged to use vaccines and medical bio-products for diseases for which vaccines and medical bio-products are available.
2. Children and pregnant women are obliged to use vaccines and medical bio-products for infectious diseases under the expanded program on immunization.
3. Parents or guardians of children and everyone shall follow requests of competent health establishments in the obligatory use of vaccines and medical bio-products.
4. Obligatory use of vaccines and medical bio-products is free of charge in the following cases:
a/ Persons at risk of contracting infectious diseases in epidemic zones;
b/ Persons appointed by competent agencies to enter epidemic zones;
c/ Persons specified in Clause 2 of this Article.
However, Covid-19 vaccine has not been added to the List of infectious diseases, compulsorily administered vaccines and biologicals of the Circular No. 38/2017/TT-BYT issued by the Health Ministry of Vietnam. Thus, currently, there is no basis for sanction as well as the fact that the authorities are still encouraging people to get vaccinated to protect their health.
Therefore, for the Covid-19 vaccine, only when the competent authority issues regulations requiring a person to be eligible for vaccination (health, age, etc.) and that person denies vaccination, he/she will be fined according to the regulations.
Specifically, pursuant to Point a Clause 2 Article 9 of the Decree No. 117/2020/NĐ-CP of the Government of Vietnam, a fine ranging from VND 1,000,000 to VND 3,000,000 will be imposed for the above-mentioned case.
